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CONTRERAZ v. MICHELOTTI-SAWYERS

No. 94-370.

896 P.2d 1118 (1995)

Maria CONTRERAZ, Lisa Scott, Carmel Romero, Isabel Gaylor, John Cuellar, Joe Cuellar, Jesse Cuellar, Marian Estrada, and Josey Gutierrez, Plaintiffs and Appellants, v. MICHELOTTI-SAWYERS and Nordquist Mortuary, Inc., and Dahl Funeral Chapels, Defendants and Respondents.

Supreme Court of Montana.

Decided June 1, 1995.

Attorney(s) appearing for the Case

W. Scott Green, West Patten Bekkedahl & Green Billings (argued), for appellants.

Guy W. Rogers, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings (argued for Michelotti-Sawyers); Rodney T. Hartman, Herndon, Hartman, Sweeney & Halverson, Billings (argued for Dahl Funeral Chapels), for respondents.

Joe Seifert, Keller, Reynolds, Drake, Johnson & Gillespie, Helena (argued for Montana Funeral Directors Ass'n), for amicus curiae.

LEAPHART, Justice.

Maria Contreraz (Maria) and eight family members (Appellants) appeal from an order of the Thirteenth Judicial District, Yellowstone County, granting Respondents' motion for summary judgment. The District Court concluded (1) that Appellants are not entitled to emotional distress damages resulting from Respondents' improper embalming of Appellants' mother's body; (2) that Appellants are not entitled to emotional distress damages for breach of contract...

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